Good evening. I'm James Bell and tonight I'll be serving as the chair. This is the planning and zoning commission meeting for April 23rd, 2026. The agenda for today's meeting is available on the table outside. If you do not get one, you may wish to pick one up. The first matter of business tonight is citizens comments. Individuals wishing to speak were required to sign up by 6 pm today and will have three minutes to address the commission. Staff will provide time warnings. Staff, do we have anyone signed up? >> No. >> Okay. Thank you. Next matter of business will be the approval of the minutes for our March 5th, 2026 regular planning and zoning commission meeting. Do we have a motion? >> I move to approve. >> Second. >> We have a motion in a second. >> All in favor say I. >> I. >> I. All opposed? Nay. The next matter of business are the zone cases. When your zone case is called, city staff will present the item first and can the commissioners may ask clarifying questions. I will then open the public hearing. The applicant or representative will have an opportunity to speak followed by anyone wishing to speak in opposition and then anyone wishing to speak in favor. All speakers must state their name and address for the record and address their comments to the commission. This is a public comment period and not a back and forth discussion. Commissioners may ask questions but deliberation will occur after the public hearing is closed. The first item we will hear, we were going to hear one item out of order tonight, which is item 3.3, zone case 2538 PP. It will be heard first and we'll call the rest of the items in order. We have one who needs to recuse Good evening chairmans and esteemed members of the commission. My name is Shane Spencer and this is zone case 2538-P. The applicant is Park Hill for Lewis Farms Commercial LLC and Kinsey 2015 Real Estate Trust. They are requesting a zone change from lowdensity single family district SF2 to Auto urban commercial district AC. The subject property is located north of 4th Street and east of Upland Avenue. We have sent out 36 notices and we have so far received back two notices in favor. Here's that notification map. Here's the aerial map. There are homes to the east and west with vacant land to the north and south along with an electrical substation to the south. Here's a zoning map. There is a mix of lowdensity single family district SF2, medium density residential, MDR, neighborhood commercial, and auto urban commercial. Furthermore, there's also property located outside of city limits, both to the east and to the west. Here is a future land use map. This property is designated for both commercial and lowdensity residential land uses. Here are photos of the subject and surrounding properties. And here's an exhibit provided by the applicant of the subject property. The future land use map designates this area for both lowdensity residential and commercial land uses. Although the requested zone change is not entirely consistent with this designation, it would be appropriate considering the proximity to commercial property to the south and west and the location being along two principal arterial thoroughares. Therefore, this request is in moderate conformance with the comprehensive plan principles. The proposed zone change is compatible with surrounding area would not change the character of the existing development and is in conformance with the existing zoning ordinance. This property is located along Fourth Street and Upland Avenue which are both designated as principal arterials according to the master thoroughfare plan 2018. Staff has no objections to this request and I'd be pleased to answer any questions you may have at this time. >> Does anyone have questions for staff at this time? Okay. Thank you, Mr. Spencer. Thank you. Is the applicant now open to public hearing? Is the applicant or his or her representative here and wish to speak? Again, please state your name and address for the record. My name is Alan Holly. I'm with Park Hill and we're at 4222 85th Street. And I also have uh the developer here with us tonight as well. So basically what you're going to be getting there is a conceptual plan layout of what we are just trying to represent some ideas of how this uh overall development can look and basically The case is um it's it's part of a master planned community. It's known as Lewis Farms and they're again located north of Fourth Street and and Upland Avenue. We're requesting the commercial zoning tonight. Um there are currently 727 single family homes planned north of this uh particular commercial tract. Uh we've received preliminary plat approval from the city and the first phase of residential lots will be breaking ground over in the next few months. Uh the proposed resoning to auto and commercial is uh we feel like appropriate for this site given its frontage along Fourth Street and Upland Avenue both major arterials and then Quincy Avenue as a collector. the AC zoning allows the development to be master planned rather than peacemeal. So, one of the key benefits we think is um that central divided spine roadway that you see. uh we feel like uh that'll provide uh internal circulation and distributes traffic you know within the site and uh reduces pressure on the upland and quincy we feel like and limiting reliance on perimeter roads. Um so ultimately I you know we just the AC zoning enables a a cohesive multi-use uh community we feel like here in the north lick area that uh aligns with the roadway capacity supports long-term growth and results in a higher quality better functioning development. So any questions? >> Quick quick question for you. You're just reszoning or requesting the reszone for west of Rochester, correct? >> Uh, no. It's that entire uh west and east of Rochester is the central spine road. It's the 30 33.7 acres. So Rochester would be that roadway that's divided Yeah. in between the two sections there. Thank you. >> Any other questions for the applicant? >> Okay. Thank you. >> Good evening, commissioners. Uh, thank you for your commitment to our city and your time. My name is Andy Bean, 12203 Quaker Avenue. I'm the president of Levik Land Company and we're the developer for this master plan community, as Allan said, called Lewis Farms. And we're really excited about uh bringing commercial and residential to this growing part of town. Fourth Street carries a quite a bit of traffic. And with the new elementary school being built by Friendship about a mile west and the Reese redevelopment a little further west down Fourth Street, we believe uh commercial is is needed in this area as well as more residential. So again, we're excited to to get started here in the next few months. Uh first with our first phase of residential lots. Um so I just um don't have a lot to add to what city staff and Allen has brought you guys, but want to be available to answer any questions that might come up. And um I guess Allan passed out the the handout as well, so you've had a minute to look at that. So, if you'all have any questions, I'm available. >> Any other questions? Okay. Thank you. >> Thanks. Yes. >> Is there anyone here to speak in opposition to this request? Okay. Seeing none, we'll ask, is there anyone else wishing to speak in favor of the request? If not, we'll close the public hearing for matter of discussion. Do we have a motion? >> I move to approve. >> Second. >> We have a motion and second. Is there any discussion on this item? Seeing none, we'll go ahead and call the vote. All in favor of approving zone case 2538 PP say I. >> I. >> I. All oppose. Nay. Motion carries. 5 to zero. Get my sheets in order here again. Next item we will call up is I lost my sheet. What's the first number? Yeah. Zone case number 1154D which is item 3.1. Thank you sir. Good evening distinguished members of the commission. I am William Lee Stockton with the planning department and this is zone case 1154-D. The applicant is Mr. Jeremy Davis. The applicant was requesting to reszone from neighborhood commercial district NC to Auto urban commercial district AC. The subject property is addressed as 2518 Parkway Drive located southeast of Parkway Drive and west of Zenith Avenue. The legal description is Oats Edition lot 3. 34 letters were sent out and we received one back in favor and zero in opposition. Here is a notification map showing the location of the one property in favor within the notification boundary. The properties to the north are separated by Parkway Drive and are developed with single family residences. The property to the west is uh includes solely a driveway for Alderson Junior High School, a utility easement and a garbage service easement. Alderson Junior High School is directly south of the subject property and the property to the east is currently vacant. The current land use map shows the properties to the north are zoned as lowdensity single family district SF2. And we see the property to the west as neighborhood commercial district NC. To the east is heavy commercial district HC and the property to the south Alderson Junior High School is splitz zoned NC and SF2. The future land use designates this property for commercial uses as well as the properties to the east and west. Properties to the north are designated as res residential low density and Olson Junior High is designated for public semi-public use. Here is a property. Here's a picture of the subject property as well as use to the southwest, northwest, and northeast. The future land use map designates this area for commercial land uses. The proposed zone change to auto urban commercial district conforms with this designation. The request would be in conformance with the compre comprehensive plan principles and is appropriate at this location. The proposed zone change is compatible with the zoning ordinance and will be appropriate at this proposed location. And due to the property being located along a freeway and adjacent to Alderson Junior High School to the south, the AC zoning would provide a buffer to the school from the freeway. The property is also adjacent to a heavy commercial district. Therefore, this request is compatible with the area and will not change the characteristics of the surrounding development. The subject property fronts Parkway Drive. The master plan 2018 designates Parkway Drive as a freeway. Freeways are intended to move high volumes of automobile traffic at relatively high speeds over long distances. And staff has no objection to the request and I can take any questions at this time. >> Any questions for staff at this time? >> Thank you. >> Thank you, sir. We'll now open the public hearing. Is the applicant or his or her representative here and wish to speak? Okay, seeing none, we'll ask, is there anyone here wishing to speak in opposition? Seeing none, I'm going to ask one more time. Is there anyone else wishing to speak in favor? Seeing none, we'll close the public hearing for matter of discussion. Do we have a motion? So move >> second. >> Okay, we have a motion and a second. Is there any discussion on this? >> I guess we just know what's going there or they're just doing a zone change. >> Is it my understanding that they're supposed to be a car sales is going to be selling cars at this lot? Like used cars? that pack. That's what I read on that one letter, but that's all that I could could take off. >> I've actually went by it and there is already a sign that there is going to be car sales there. >> And and yes, ma'am, they indicated on the application it will be a used car dealership. >> Yep. >> Okay. Thoughts, comments. >> On the highway, it makes sense. >> Yeah. I mean, I think that's a busy part and you know, the only only thing we got for it was in favor plus the application. So, Renee, your thoughts? >> It's probably the best thing to go right there. I was just a little bit concerned about it being close to the school, but it it's with it being high traffic there, that would probably be what's best. Thank you. Is there any other discussion? If not, we'll go ahead and call the vote. Okay. All in favor, please say I. >> All oppose. Nay. >> Motion carries 6 to zero. Next item is uh item 3.2 which is zone case 2911-E. Good evening board. I am Sam Breen with the planning department and this is zone case 2911-E. The applicant is 17 Services LLC. They are requesting a zone change from office district to neighborhood commercial district NC. The property is located east of Slide Road and north of 110th Street. 59 letters were sent out and we've received three in favor and two in opposition citing reasons such as not wanting commercial development. Here's the notification map showing three in favor and two in opposition. We received a response requesting a change of stance from opposition, two in favor which should be available to you along with three other letters on the dis. The aerial map shows undeveloped vacant land to the north and west, residential dwellings to the east, and non-re residential development to the south. The surrounding properties are zoned office district to the north and south, low density single family district to the east, um, excuse me, office district to the north, west and south, and lowdensity single family district to the east. The future land use map designates this area for non-residential office uses. Here's a view of the subject property as well as views to the north, west, and south. Here is a exhibit provided by the applicant. The future land use map designates this area as office land uses. While the request does not fully align with the future land use principles, it is considered appropriate because the proposed zoning supports small-cale commercial uses located away from major intersections and is designed to be compatible with nearby residential developments. Therefore, this request moderately conforms to comprehensive plan principles. The proposed zone change is in conformance with the zoning ordinance and will be appropriate at the proposed location. The proposed zone change is compatible with the surrounding area and will not change to the character of the existing development. This location is along Wayne Avenue which is designated as a local street by the master thoroughfare plan 2018. Staff has no objection to this request and I can take any questions at this time. Anyone have questions for staff at this time? >> Thank you very much. We'll now open the public hearing as the applicant or his or her representative here. When you come forward, please state your name and address for the record. >> Hello board. My name is Ethan Morrison with 17 services. Uh we're located at 1500 Broadway uh suite 203. Um as staff just um explained uh neighborhood commercial is uh appropriate for uh this area as um it is a small scale retail uh away from major intersections. Um, we are looking to, uh, put a high-end salon in this space, uh, which unfortunately does not, uh, is not covered under the office zoning it currently has. Um, other services such as, uh, cemetery and funeral services, uh, child and daycare services, governmental services, medical and office clinics, uh, and other bank and financial services. Those are all allowed in this area under the office. Um however, when you move on to personal services, um you have to move on to the neighborhood commercial district to uh get those applied. Um at 17 services, we believe that a standalone salon like this can be integrated into a garden office um style development um and setting. Uh the design will adhere to all the standard garden office um uh you know look and feel the same flavors. Um from the rear uh it will appear as a residence with a a typical uh hipped roof. Um there is no right-of-way access to this development from any residential streets. Um, and if reszoned, we'll also uh make sure that we adhere to the UDC requirements for the 7 foot CMU masonry wall at the rear. Um, as well as landscape requirements under the UDC. Um our office uh reached out to um the people in opposition and uh our conversation with one of them uh again convinced them that the proposed building would be of the same flavor as the ones that are already established in this development. Um and therefore we're looking for this uh reszone. Is there any questions? >> I have none. Anyone else have questions for the applicant? Um, this hair salon is like for sure go in there like it's not going to be approved and see and something else is going to go in like that. This is a plan for >> No, no, sir. We have uh plans that are at 98%. Um, we're simply just waiting on this reszone and some final uh engineering drawings. >> Okay. >> Yes, sir. >> Any other questions? >> Thank you very much. >> Appreciate it. >> Is there anyone wishing to speak in opposition to this request? When you come forward, please state your name and address for the record. >> Hello, my name is Brenda Whitten, 4908 109th Street. We were given the letter and my husband, Cecil R. Whitten are opposed to the resoning. We purchased this home exactly a year ago. We closed May the 8th. We investigated this property before we made an offer and got assurance through our realtors that it was zoned for office, garden office. That's what we expected and we were very discouraged when we received the letter a few weeks ago that this was even being considered. We have been approached by the engineering firm this week to give us the documents in the packet to see the diagram. We've seen all of that. The U architectural diagram shows a six-foot fence. You just heard that it would be seven seven foot. So that was one of our concerns that we wanted to bring before you to make sure that if this does get approved that that fencing is as it's required. Another issue that we have is the hours of that salon is going to be inconsistent with some of those other doctor's offices that are already there in that development. Um, I don't know. I haven't spoke to the applicant. I don't know. I'm going based on their social media post on what their current location is for those office hours. We are concerned about that. Another issue is um there's still undeveloped lots in that area and I know that's not before you today but I am concerned that if you do change the zoning from office that you were committed to years ago that that will open the door for future u request and resoning to other type of commercial in that area and we again would be opposed to that as well. Um, so thank you. >> Thank you for your time. >> Anyone else wish? Yes, sir. >> Again, please state your name and address for the record. >> Thank you. My name is Tom Tenner. I live at 4909 109th Place, which is really on the culde-sac to the souththeast of this property. I pretty much have the same concern. I bought my property seven years ago and we built our home there. Uh Dan Wilson assured us that that was a um commercial not commercial an office uh development area and and part of his sailing I I actually asked him I said are you sure there's going to be no car washes there and he assured me that that would not happen. But he also assured me that because it was zoned for office that it would these places would generally be open Monday through Friday at normal business hours, weekends and evenings generally not a lot of activity which made a lot of sense. So, so we bought in seven years ago with that understanding. I understand this commission is here to change those if necessary. But um to another thought is um this is is this the wedge that's going to get the rest of that? I mean there's a whole another side of that street which if zoned commercial would then be facing uh the residential section. So I'm worried about a slippery slope here um kicking in. Um, so for those reasons, I think I I am opposed to it. I I'm just worried that it, you know, this this reminds me of that old saying that, you know, raisins masquerading as chocolate chips are why I have uh trust issues, you know, and and actually I've been here 48 years in love. I've owned four homes. I've had three of these things where it was going to be one thing and then it decided to be something else. And you know, if there was some sort of a benefit to the neighborhood, not to the businesses, but to the neighborhoods, um, I think we should uh discuss that. But it seems to me that they put in six buildings that are offices and now all of a sudden we want to change. So, uh, are they are they going to decide they're going to take their profits and run? uh you know, so let's go ahead and just fill up the rest with whatever or are they going to be consistent with this concept of office spaces that are more or less 9 to5 8 to 5 places that will not disrupt the neighborhood. So that's that's my concern. Thank you. >> Thank you for your comments. Is there anyone else wishing to speak in opposition? Okay. Is there anyone wishing to speak in favor? Okay, we'll close the public hearing for matter of discussions. Do we have a motion? So, have a motion. Do we have a second? >> Second. >> Motion, a second. Okay, folks. Let's have some discussion here. Thoughts? I understand where they're coming from on some of that. So >> curious the change in buffering and setback requirements when we go from office to the uh neighborhood commercial zoning. >> So the the rear buffer yard which would be adjacent to their >> same will you Mike? Thanks. >> Sorry I was ready to answer the question. So that rear buffer yard that's going to be adjacent to the residential zoning. Um, they would require either a 10-ft type B buffer yard with a minimum 7T solid wood fence, so plants and wood, or a 7 foot tall solid masonry fence for for that rear buffer yard. Um, and of course they do have uh that buffer yard. Let's see. Um I think >> the the the I'm sorry I I I had the note that the type B buffer yard uh requires six canopy trees and 13 ornamental trees is >> and so that's for the neighborhood commercial requirement. And what would have been for office? I don't know if you have that handy in front of you. >> I don't have that one. But the buffer yard really just the distance and any buffering from a fence. >> It would be the same. >> Okay. >> And what else can they put in neighborhood commercial other than a hair salon? >> I've got a list of museums, public assembly, banks, offices, restaurants, retail, uh of course personal service, um possible outdoor commercial amusement. There's other ones, but those were just kind of some of the highlights. >> Now, one of the concerns was a car wash. Was is that car any automobile related uses are not allowed in the neighborhood commercial. They'd have to zone up to auto or higher to get those. >> So, as we dig into retail, what type of retail services? Is this just like a store operating 8 to5 or is retail open longer and later? >> Is it similar to a market or grocery store or something of that nature? >> The definition of retail has um I think it has quite a list of various types of retail on it, but it doesn't have any restrictions for operating hours or times or or anything like that, but it's it's usually just general retail. And I I didn't pull any highlighted retail uses for you. Thank you. >> Any other questions? >> I guess my only concern is not really with this specific case because it's going to be a salon, you know, garden home or office looking office. >> But it can set the precedence for future stuff that can go in there. And if that salon don't succeed and it sells off, it can be something else. >> Yeah. >> I think we had a similar case that was trying to go to neighborhood commercial in a different area last time that was adjacent to housing and it was um challenging. >> So I think that's right. I think this opens up the door to a lot of other reszone requests. >> Yeah. >> That wouldn't be a good idea. >> Agreed. One of the things people >> especially to the houses that share a fence, >> right? >> There's two houses behind them where they don't have an alley even in between. >> Any more discussion? Okay, we will go ahead and call the vote for zone case number 2911E. All in favor say I. >> All oppose say nay. >> Nay. Motion fails. Six to zero. I should ask before that I forgot to mention earlier, all these cases that we've had to do will go to city council for the first reading on May 12th. And apologies for not saying that before. Thank you. Uh brings us to the last case we have is item 3.4, zone case number 3543. >> Good evening, Mr. Chairman and members of the commission. This is our continuation of our zoning map analysis zone changes. Tonight we're bringing you district 4. We sent out 1,029 notifications. We received 12 in favor, eight in opposition. Again, this map is just the overall boundary of district 4. We are not asking to reszone every property within district 4. This is just another summary of how we got to this point. We contracted with Safeuilt who completed the zoning map analysis last year and we are now bringing you their recommendations. We have completed districts 1, two, and three. So we are halfway done. Here's an aerial view of some of the properties. We are looking at Indiana and South Loop 289 82nd and University Slide and 82nd as well as properties along 114th, 130th, 146th and Slide Road. The first map is Indiana Avenue and South Loop 289. You have a mix of lowdensity SF2, medium density residential, auto urban commercial and neighborhood commercial. As well as down in that corner at 81st University, you have some office and highdensity residential zoning. There are on the loop, you have an apartment complex that has the split zoning of MDR and SF2. And then you have an office building that has split zoning of MDR and neighborhood commercial. So we want to clean up the office building, bring it to auto urban commercial that will match its neighboring property. Stone Lake Apartments, rather than have split zoning for a single tract of land, our recommendation is to reszone the northern portion to MDR to match the southern portion. You have duplexes down on 81st that have office zoning. And the corner lot we originally believed to just be an office. Turns out it is a live work unit. We have the building permit to verify that. So later on I'm going to ask you to remove that property from consideration because we don't want it to become non-conforming. It's current zoning is appropriate. The future land use plan designates these properties for commercial um public semi-public use and then residential. At 82nd and slide you um you know there is a very large shopping center there. It is zoned SF2. That is a remnant of a planned development case that was for Lorage back in the day. It had a specific use on top of the R1 zoning to allow for C2 uses in this corner. But of course with adoption of the UDC, that base zoning translated to SF2. So we are asking to correct the zoning on the east side to neighborhood commercial to match the other half of that attractive land which is already neighborhood commercial and then bring the other commercial properties to auto urban commercial future land use plan designates that corner for auto uh for commercial land uses 114th in Indiana you have industrial park zoning on the north side of 114th and then you have low density SF2 on the south side with some heavy commercial and then an SF2 property on 118th Street. The industrial park is currently vacant. You have portions of a concrete batch plant um on that south side of 114th Street. The majority of that batch plant actually operates to the south outside city limits. You have some additional vacant land and then you have a property on 118th Street that has a church building on it. Not quite sure if it's in use at this time, but I have been in conversation with the owner and we'll we'll talk about that later on. Future land use plan designates these areas for commercial land uses. the UDC uh I apologize the 130th in Indiana on the northeast corner you have some property still zoned low density SF2 as a remnant of annexation you have some property on the north side of 130th zoned auto urban commercial and then a whole mix of heavy commercial SF2 HDR MDR office and AC down there at 130th between Memphis and Norfolk you have an existing self- storage facility and a church with additional vacant land at that hard commercial corner. So, we are recommending taking that to Auto urban commercial, leaving the existing Auto urban commercial north of 130th, cleaning up the zoning for that existing church that had one, two, three, four different zonings, bringing it all to Auto urban commercial, correcting the zoning for Stonebridge at Kelsey Park, their clubhouse, bringing that to high density residential, and then uh bringing the heavy commercial down to auto urban commercial where you have vacant at Norfolk. The future land use plan designates the majority of this area for commercial land uses. Memphis and 146 you have neighborhood commercial, low density SF2 and then medium density residential. Really the only change here is to bring that self- storage facility to neighborhood commercial and change that one block to SF2 to match the rest of the neighborhood. Future land use plan designates these areas for lowdensity residential land uses. 122nd in slide. Again, these are parcels that were studied by our consultant based on information they had regarding the future land use plan and land uses etc. We are not necessarily reszoning all of these properties. You have that neighborhood there at 119th Street that is low density SF2. You have several businesses on the west side of slide that were developed outside city limits and later annexed that still have residential zoning. And then you have a church with split zoning of highdensity residential and neighborhood commercial. Obviously, we're going to leave the neighborhood alone. It needs to remain SF2, bring those businesses to auto urban commercial and then correct the split zoning for the church and make it all high density residential. For some reason, the future land use plan designates that neighborhood for commercial along with those other properties. I verified it. That's what was on the plan in 2018. I could not tell you why. That is something we will correct in the future. Then finally, at 114th in slide, you have a property that is zoned SF2. That is an existing self-s storage facility. Again, a property that was annexed after being developed. So, we want to bring that to heavy commercial. future land use plan recommends uh commercial land juices. And now I'll go through the responses we received. I thought it was easier to group these by area for you to look at and so I included the map of the recommended zoning. So in this area at 130th in Indiana, the one at the hard corner of Norfolk and 130th, we are proposing to reszone to Ottawa urban commercial. That property owner is in favor along with these other adjacent properties who we are not asking to reszone. Then at 114th in Indiana, we have five properties in favor with one in opposition. I spoke to the one in opposition on 113th Street. Um she understands that the existing zoning is industrial and we're trying to bring it down to commercial. She felt like it should be even more restrictive than auto urban commercial. This is at South Loop 289 in Indiana. You did have one property in favor behind the office complex. This is the lot at 81st Street, 252081st. It is a live work unit. We did verify that with the building permit and we spoke with the owner. So, we want to leave his zoning as HDR. So, when you make a motion later, we will ask you to not include that property in your motion. We did receive property owner opposition from 3102 114th Street. This is property currently zoned industrial park. We are asking for auto urban commercial because we did receive that written opposition. It will require a super majority vote at council in order to be approved. 282 114th street right next door. Remainder of that industrial park strip. Again, the property owner is in opposition and it will require a super majority vote. This is the property on 118th. actually borders 116th as well as 118th. Um, I spoke with the owner. She and her husband and another couple started this church back in the 80s. Her husband passed away in 2018 and she really just wants to retain the residential zoning because she doesn't know what she wants to do with it yet. She thinks she might want residential uses here in the future and so right now she wants to keep her SF2 zoning. And then finally, 3701 County Road 7500 outside city limits. They are in opposition to the zone changes here at 146 in Memphis. And then you have three in opposition south of those properties along South Loop 289. With that, I'd be pleased to answer any questions. >> Kristen, I want to say thank you. I know this. I was on the commission when we started the UDC and a lot of this got over and I know that that was one of the big things that we pushed for with city council and everything before to do some of this clean up to go. So I appreciate the work that y'all done to it to get in. I think just to reiterate on most of this if we go in everything's really being downzone pretty much for the most part and I know a lot of the ones we come in that or the SF2 I'm assuming a lot of that was coming the stuff from transitional from before to come into so it's not really >> changing something was really set up residential before correct correct okay >> thank you any of y'all have any questions You said 3219 116th Street was getting reszoned and the property owner was in opposition. >> That's correct. >> So I have just I get my notes right in opposition of 2520 81st plus opposition. That's just an incorrect recommendation. >> Mhm. >> Okay. 3102 114th Street. >> Mhm. 2802 114th Street >> and 3219 116th. >> That's correct. >> There's no other property owners that we were asking them to reszone that are in opposition. >> That's correct. >> Thank you. So that's that. >> So we have a we public hearing for this. >> So we'll go ahead and open the public hearing. Is there anyone wishing to speak in opposition to any of these changes? neutral. I don't >> Well, you can come up and speak speak your mind. That's what it's for. Just make sure you put your uh state your name and address for the record. >> Sure. >> Blake Cardigree and we own the property at uh 12118 Slide Road Sweet A and B Rain Maker Irrigation Roxy's Hair Studio. Um not been through this before, don't know anything about it. I can understand having to clean up things. We were we did buy that property and uh we're in well before the city came and annexed us. So yeah, so we're the last orange or whatever burnt orange uh color there. And uh so I think my only concern would be for example our property evaluates for about the same as our house about a mile west as a crow flies. Our house is about half the amount of taxes. I know this isn't a tax issue. it will become that. So that's my concern is changing I understand changing it was residential all that area so it's commercial now but in doing so our property taxes are already twice what the same value of our house is and I'm just concerned so I don't know would the change in classification from whatever single what is it SF I don't know these class >> SF2 SF2 to whatever it is commercial would that be looked at is something that would increase not the property value but increase the uh what would be charged ratewise because it's already twice of what it is at the house. That is something I have >> I can't say that you this is written in stone but the appraisal district normally appraises property based on the use of the property at the time not on necessarily just the zoning. So, I mean that might help them with determining what the use is, but if right now it's probably already appraised what the use of the property is. So, if it's being used for commercial purposes, that's what it's going to be appraised at right now. >> But you can't promise that. >> I can't promise that. >> We always we have to fight it right now with the company as it is because every year they try to incredibly increase it. And it's just it gets to the point where if anybody really knows what a true small business is, not one that makes under 10 million or whatever they classify, they understand that's gets to the point where you just can't afford it. And so that's my concern, I guess. So, thank you for your comments. Is there anyone else wishing to speak in opposition? >> Yes, ma'am. Again, please state your name and address for the record. >> Okay. Kind of short here. Uh, my name is Anna Rodriguez and my address is 73143rd Street. Um, it's right off of Fourth and that was my concern like him. Um, I don't understand a lot of this stuff. I've never been to a city of love meeting or anything. I got the letter. I wanted to come listen to see what what they're trying to do. Um, my concern was I know that out there on off of Upland on the I guess we would say the south side of where I live, um, where Terra Vista uh, Friendship Schools at, they've built a lot of homes out there. And from what I'm seeing from where I live on Third Street across from my house east of where I live, I guess they're getting ready to build stuff out there. And when it said that um commercial and all this stuff um like my house I'm already at an age I mean I've already paid my house off like six or seven years ago and it my house is not a house house it's a trailer house but it's my house and so that's what concerns me that will they make me move or uh what >> no I'll tell you they won't make you move and right now we are not discussing anything that's in area we're discussing out south at this point. >> But yes, no, they would not make you move. >> Okay, >> that's you're there, you'll be there. So, >> okay. And and the reason I was questioning stuff in my head was because I could see the picture of the where they have a diagram of the area and it was on my street, Third Street from what I was seeing. And um like I said, I didn't understand. I've never been to this stuff. So that was my concern too about the taxes, you know, and I'm a widow, so my taxes are real low. And then I thought, man, if they start building stuff out here, is my taxes going to go up? And so that's what I was just concerned like him. But that's >> Well, we appreciate your concern. Thank you. >> Thank you. >> Anyone else wishing to speak in opposition? >> If not, we'll ask, is there anyone wishing to speak in favor? None. We will close the public hearing. And for matter of discussion, can we have a motion? I'll make a motion to approve zone case 3543 except for the properties located at 2520 81st Street, 3102 114th Street, 2802 114th Street, and 3219 116th Street and 1218 Slide Road. So you're adding there's right here. Okay. >> Do we have a second? >> Second. >> Okay. Discussions. >> Which one is the last one that you added? >> Did I get your address right? >> 1218 and B same. And >> so what we can do then is um discuss those all separately if we choose to. Okay. So, let's kind of go back, Kristen. Go back to the 2520. Let's take them one at a time. I think is going to be the best thing to do. >> Well, you have a motion to approve everything but those. So you can act on that motion right now. So you could take action on everything else that's been suggested to change except for the one. Okay. >> Okay. So we have a motion and a second. Does anyone have any questions or discussion? >> Okay. All in favor for the motion to exclude 252081st 3102 for 114 282 114 3219 116 and 112 >> H >> 12118 >> 12118 slide row. >> All in favor say I. I. >> All oppose nay. Motion carries six to zero. Again, that will go to city council on May 12th for first reading. So, now we need to move on to the items that we pulled out. I would like to at least take before we ask this question. On the 114th, >> the two properties are the same owner. >> I believe. All right. I believe it's separate owners. >> Okay. Separate owners. >> So, how do y'all want to move? Or I'll let somebody make the motion of however y'all want to move on this one. >> I think we call them together since it's the same IP going to AC. However, we're going So 2520 is just pulled, right? >> Correct. >> So, it's pulled. So, it's out of it. Okay. Okay. So, do we have a motion for the other properties? Okay. Move to approve zone case 3543 regarding the properties located on U 3102 114th and then 2802 114th. You want to do these two separately and then do the next two separately. There's four we've got out there still. Okay. So I'm I'll make the second to zone case 3543 cases at address at 3102 114th and 2802 114th Street. Okay. So discussion on those two. These two you think that are separate owners. They're against going they want to leave it more as the industrial. Correct. >> Correct. And on this one to if we vote to change it, council has to have a super majority. Correct. >> They will need a supermajority regardless because of the property owner opposition. >> So what are y'all's thoughts on the 714th? I recognize, you know, traditionally this would go down to auto urban commercial, but I think that I would consider that a down zone to someone's property that they weren't expecting that nor that did they request that. And under normal circumstances would not have had to have done that. And so I kind of that's why we that's why I pulled them originally as well. and uh feel like they should stay just where they are at since the current owner has opposition. Okay, >> I'm along the same opinion. >> I agree. Okay, so any other discussions? If not, we'll go ahead and call the vote. So, we're voting again, council. We're voting to >> Yeah. Everything's in the affirmative. So, >> so if we want to say no, we vote nay. >> That's correct. >> Okay. Just got to make sure. Sorry everybody. This gets kind of confusing legally how you have to do it. So you can't vote. You can't make a motion to say no. You have to vote away affirmative. Okay. All in favor of zone case 3543. Specifically cases at 3102 114th and 2802 114th Street. Say I. All oppose say nay. >> Nay. >> Motion fails. six to nothing. So, next up we have uh zone case 3543 regarding property at 3219th 116th Street. I'll make the motion to approve it. >> Second. >> Motion and second. Do we have discussions? I think it's kind of the same situation. >> Almost the same. This one going up in zoning, but she wants to keep it at SF2. But regardless, I think we should >> at least like um what's the word I'm looking for? >> Respect her. more spect right and I understand and that's one that probably changed because it's more industrial park in the whole area but that can something that whoever comes to it can can take care of it. Okay, any other discussion? All in favor of zone case 3543 concerning property at 3219 116th Street say I. >> All oppose say nay. Nay. Motion fails. Six to zero. Next case we have is 121 18 slide road. And Drew, I'll let you make that motion. Um I'll move to approve zone case 3543 regarding property 12118 Slide Road. >> Second. Any discussion? >> I think um along the same lines, I think your u your comments earlier swayed me to pull this out. That uh sounds like you need more time to decipher. Um and so I think that that I took that as hesitation to want this to occur. So again, u I'm against this. Okay. Concur. Any other discussions? I'm in agreement. >> Okay, let's go ahead and call the vote on 3543 concerning property 12118 Slide Road. >> All in favor say I. >> I. >> All oppose say nay. >> Nay. >> Nay. >> Motion fails one to five. Again, these will go to city council on May 12th for first reading. And that is the end of our meeting and we are adjourned at 6:55.